Database

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TOGO

Since November 2009, last amended in September 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2009 - 277 /PR on the Code of Public Procurement and Public Service Delegations (Décret No. 2009 - 277 /PR portant Code des marchés publics et délégations de service public)
In accordance with Arts. 59 and 60 of Decree No. 2009 - 277 /PR, when a public contract or a public service delegation is awarded, and in order to encourage the participation of Community undertakings, preference is given to the tender that is submitted by a Community tenderer, defined as a tenderer whose registered office is located in a Member State of the West African Economic and Monetary Union (WAEMU) and of which it is a tax resident (Art. 1). The preference must be quantified in the tender documents as a percentage of the amount of the tender. Such percentage may in no case exceed 7% for works and 10% for supplies and services.
Coverage Horizontal

TOGO

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Togo is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

TOGO

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Togo is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"54950"},{"post_id":"54951"},{"post_id":"54952"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TOGO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.8%
Coverage rate of zero-tariffs on ICT goods (%)
8.7%
Coverage: Digital goods

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zimbabwe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ZIMBABWE

Since December 2019

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act (Chap 14:44) of 2019
The law Consumer Protection Act (Chap 14:44) of 2019 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

ZIMBABWE

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 10, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

ZIMBABWE

Since August 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Mid-Term Monetary Policy Statement
According to Art. 47 of the Mid-Term Monetary Policy Statement, users are restricted to only one mobile wallet account per person and a daily transfer limit of ZW$5,000 (USD50). This applies to individuals for person-to-person transfers, person-to-merchant payments for goods and services, bill settlement and purchase of airtime. In addition, pursuant to Art. 50 merchants are not allowed to make payments from their wallets. This is also the case for agent mobile money wallets, which have been abolished by the policy. In this regard, users can no longer make transactions through mobile money agents. It is reported that this is likely to affect customers in rural Zimbabwe who relied on the agents to access mobile money services. These agents gave rural consumers the opportunity to integrate into the financial system.
Coverage Mobile money

ZIMBABWE

Since October 2000

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Postal and Telecommunication Act of 2000
Self certification is not allowed in Zimbabwe. According to Section 62, the telecommunication apparatus requires approval of the Authority before it is connected for use by a licensee. As a basis of approval, the Authority may publish a notice in Gazette establishing standards to which an apparatus of a specified description shall conform to be approved. In this process, the Authority gives due regard to international standards governing the compatibility and interoperability of telecommunication system.
Coverage Telecom equipment

ZIMBABWE

Since October 2004, last amended in July 2020

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Broadcasting Services (Licensing and Content) Regulations, 2004

Broadcasting Services (Licensing and Content) (Amendment) Regulations, 2020 (No. 3)
Art. 7 of Broadcasting Services (Licensing and Content) (Amendment) Regulations, 2020 (amending the Broadcasting Services (Licensing and Content) Regulations, 2004) requires licensing for narrowcasting, datacasting, and webcasting. However, only entities owned or controlled by Zimbabweans are eligible for such a license. It is reported that the Zimbabwean authorities might use this section to require licensing fees for video-on-demand and live streaming services (YouTube, Facebook, Netflix, etc.) and, as a result, smaller companies have to obtain licenses ranging from USD 2,500 to USD 20,000.
Coverage Video-on-demand and live streaming services

ZIMBABWE

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Zimbabwe. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

ZIMBABWE

Since September 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2013
According to the Postal and Telecommunications (Subscriber Registration) Regulations, 2013. Telecommunications providers must each establish a subscriber database of all SIM card holders, connecting their phone number to their name, address, gender, nationality, and passport or ID number. The law obliges service providers to regularly hand over copies of this data to the government, which will then establish its own central subscriber information database.
Coverage Telecommunications sector

ZIMBABWE

Since March 2022

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1) which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove or disable after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gaining knowledge that the information is illegal.
Coverage Internet Service Providers